STATUTES
OBSERVATOIRE DES CONFLITS POUR LA PAIX EN AFRIQUE DES GRANDS LACS(Observatory of Conflicts for Peace in Africa’s Great Lakes)
NON-PROFIT ORGANIZATION
THE CONSTITUTION AND STATUTES
Title 1:The Creation, The Denomination, The Headquarter, The Duration, The Activities .
Chapter I: The Creation, Denomination, and Headquarter.
Article 1: Considering the law nº004/2001 of July 20, 2001 that provides for the general rules about non-profit organizations, public service institutions, and non-profit organizations specialized in human rights and humanitarian issues, the “OBSERVATOIRE DES CONFLITS POUR LA PAIX EN AFRIQUE DES GRANDS LACS”, O.C.P.A.G.L. in abbreviation has been created.
Article 2:The headquarter of the organization is located on the Avenue des Aviateurs, nº437 in the municipality/commune of Gombe, the City of Kinshasa, in the Democratic Republic of Congo.
On a decision by the General Assembly this headquarter can be transferred anytime to any other place anywhere in the Democratic Republic of Congo.
Chapter II: The Duration and Activities.
Article 3: The Observatoire des Conflits pour la Paix en Afrique des Grands Lacs “OCPAGL” has been created for an unspecified duration.
Article 4: The OCPAGL will exercise its activities anywhere in Africa’s Great Lakes (including in Kenya, Zambia, Uganda, Rwanda, Burundi and Tanzania). Thus, liaison offices can be opened in any of these places as needed.
Title II: The Objectives.
Article 5: The main objective of the OCPAGL is to increase the awareness of the people in Africa’s Great Lakes about the culture of peace and the peaceful resolution of conflicts.
1. Apart from its main activity the OCPAGL shall also observe all the sociopolitical facts and trends, as well as the behaviors of the political decision-makers.
2. The OCPAGL shall use such data to provide an objective analysis on the plausible ramifications of political decisions in an immediate, middle, or long time-period.
3. The OCPAGL shall publish and share the data in order to alert the political decision-makers and the international community on the looming dangers that may still threaten the peace and stability in the Great Lakes.
4. The OCPAGL shall promote the culture of a long-lasting peace among the countries of the Great Lakes by encouraging exchanges among their populations.
5. The OCPAGL shall utilize the media to educate the people about how to democratically manage their countries in the Great Lakes.
6. The OCPAGL shall collaborate with other organizations promoting justice and peace as well as the defense of human rights.
7. The OCPAGL shall share the data and thereby provide an opportunity to the voiceless to be heard.
Title III: The Membership.
Chapter I: The Categories of Memberships.
Article 6:The OCPAGL has four different categories of memberships:
1. The founding members
2. The effective members
3. The honorary members
4. The supporting members.
Article 7: Is a founding member any person who contributed to the conception and the creation of this organization.
Article 8: Is an effective member any person who adheres to the objectives of the organization according to article 11 and regularly pays his/her dues. The monthly contribution will be determined by the General Assembly.
Article 9: Is a honorary member any person or institution, Congolese or foreign that significantly and exceptionally contributes to the accomplishment of the objectives of the organization.
Article 10: Is a supporting member any person or institution that provides a moral or material support to the organization.
Chapter II: Acquisition and loss of membership.
Article 11: Any person can apply for membership of the organization by writing to the General Secretary that, in turn, submits the application to the approval of the General Assembly.
Article 12: Any effective member can drop their membership by addressing a resignation letter to the General Secretary, who shall decide and inform the General Assembly of the decision.
Article 13: Any member will lose his/her membership through death, the dissolution of the organization, or by the majority decision, that is the two third of the General Assembly. The reason for such a removal on the recommendation of the General Secretary can be based on any behavior that is contrary to the interest or/and objectives of the organization, or the misappropriation of its property.
Title IV: The Structures of the Organization.
Article 14: The Organization has three main structures:
1. The General Assembly
2. The General Secretariat
3. The Board of Commissioners.
Chapter III: The General Assembly.
Article 15: The General Assembly is the supreme structure of the organization. It is made up of all the effective members. The honorary and supporting members may attend the Assembly but without voting rights.
Article 16: The General Assembly meets once a year in its ordinary session and
on the invitation of the General Secretary. A special session of the General Assembly can be called for by a third of the effective members.
Article 17: The General Assembly will convene on a simple majority of the effective members. Without distorting article 13 below, the decisions of the General Assembly are reached with a simple majority of the effective members.
Article 18: The General Assembly decides on the general orientation of the organization as proposed by the General Secretary. It approves any modification of the statutes on a two third majority and approves the annual report of the General Secretary.
Article 19: The annual calendar of the organization begins January 1st and end December 31st at which date the General Secretary ends all the yearly activities of the organization, and submits the annual report to the approval of the General Assembly.
Article 20: The responsibilities of the founding members consist in
1.Calling for the first General Assembly;
2. Adopting the statutes of the organization;
3. Installing the first General Secretary of the organization.
Chapter IV: The General Secretariat.
Article 21: The General Secretariat is made of five members:
1. The General Secretary;
2. The Deputy General Secretary;
3. The In-Charge of Research & Development;
4. The In-Charge of finance & treasury;
5. The In-Charge of legal matters.
Article 22: The General Secretary is the official representative of the organization. When not available, the Deputy General Secretary acts on his behalf.
Article 23: The members of the General Secretariat are appointed by the General Assembly from the effective members. They are also removed by the same body.
Article 24: The General Secretariat is appointed for a three-year period, renewable by the General Assembly. This mandate can end through death, resignation, or removal.
Article 25: The General Secretary has the power to create new structures of the organization within and outside the Democratic Republic of Congo.
Chapter V: The Board of Commissioners and Advisors.
Article 26: The organization is also made up of the board of commissioners and an advisory board, which are both part of the General Secretariat. The board of commissioners is responsible for the control of the books and the financial activities of the organization. The advisory board evaluates all technical issues at the request of the General Secretary.
Article 27: There are two commissioners and two advisors appointed for a three-year renewable mandate.
Title V: The wealth and resources of the organization.
Article 28: The wealth of the organization is made of real estate and other property as acquired at the creation of the organization or thereafter.
Article 29: The resources of the organization are based on:
1. The contributions by members;
2. The State subsidies and from other non-governmental organizations;
3. The donations, inheritances, other bequests.
4. The revenues from the organization’s activities;
5. Any other revenues as allowed by the law of the land.
Article 30: There will be no restitution of anything upon the loss of one’s membership.
Title VI: Modification of Statutes and the Dissolution of the organization.
Article 31: Any modification is made through the General Assembly on a two-third majority of the effective members.
Article 32: The dissolution of the organization is decided by the General Assembly on a three-fourth majority of the effective members.
Article 33: In case of the dissolution the General Assembly shall decide on an existing non-profit organization to inherit the wealth of the OCPAGL.
Article 34: For any contentious issue that cannot be resolved amicably between the organization and any of its members, the parties shall turn to the local jurisdictions in Kinshasa.
Title VII: Final Dispositions.
Article 35: The rules and regulations of the organization determine the rights and obligations of all members.
Article 36: Once appointed the General Secretary shall oversee all the businesses of the organization.
Article 37: Any stipulation from these statutes that is contrary to the law nº004/2001 of July 20, 2001 is therefore irrelevant. Any future change of this law shall also affect these statutes.
Article 38: The present statutes become effective on the date they were signed.
Signed in Kinshasa on August 12, 2002.
